Legal Question in Personal Injury in Maryland

Statute of limitations and standing

How long would one have to file a suit against a negligent driver for the death of a relative? Would I, the unmarried victim's sister, have standing to do so, or would our mother or father be the only ones who could?

Asked on 12/09/05, 10:59 pm

2 Answers from Attorneys

A.P. Pishevar The Pishevar Law Firm, P.C.

Re: Statute of limitations and standing

In Maryland you would have 3 years. You could have standing if you open a simple estate in the appropriate jurisdiction and be appointed the Representative. You would get a letter of admin issues appointing you and you could file both the Wrongful Death and Survivors' claims for the benefit of everyone who have claims and causes. This is not that complex for an experience attorney but I donít think it would be too smart to try to hack through yourself. Call out office anytime for an appointment. Best, -AP -

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Answered on 12/11/05, 2:19 pm

Walter E. Laake, Jr. Joseph Greenwald & Laake Pa

Re: Statute of limitations and standing

There are two claims with any fatality, the claim by the estate and the claim by the family members. The first is called the survivorship claim and the second is called the wrongful death claim(s). In Maryland the statute of limitations is the same ie 3 years but this is different (shorter) in dc,va, and pa...

The claim can be brought in the state where the accident happened or where the Defendant lives or works.

Your mother and father have the primary, if not the sole claims and would have priority in the establishment of an Estate to purse a claim against the other driver. If you or any other relative suffered financial loss as a result of his passing, he or she would also probably have a claim.

Contact me now or tomorrow (Mon.) afternoon if you would like to discuss this further. E-mail me your telephone number and i will be happy to call.... Walter E Laake Jr.

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Answered on 12/11/05, 2:42 pm

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